Drawbacks of the Common Law System

apologise the drawbacks of the vulgarplace law system in England and Wales. joint law originated in England in the 11th century. Today in the United States of America, some common law principles from the original English Law are being applied.Alongside it is the fork body of Common Law which is in the process of being sterilise as a part of stare decisis which itself is an abbreviation of the Latin excogitate stare decisis et non quieta movere which translates as to stand by finiss and not to disturb colonized matters, whereby the judicial systems decisions and interpretation of statutory law provisions by decide, are becoming a part of the common law. Judges too do look to these decisions as a guideline, reference or as a necessary precedent to follow, whilst making their own decisions.Although advantages of the system hold in been remarkable in England and Wales, drawbacks of the system gradually came on par. As these decisions are found on past cases, predictability o f the outcome increased and people are more exposed to what should be expected, however so, with the element of predictability, absurdity on deciding cases may occur. In referring to a decided case, if there appears to be no change and the decision is followed again by a judge, a risky decision will eventually be perpetuated.And considering common law systems have been following precedents as a base, changes takes a long time to happen. In the meantime, a bad decision from a past case continues to be upheld. It became a major criticism of common law systems that it can be hard to locate the relevant principles due to the available volume of material. Common law which was based on the principle of binding precedent meant that judges must follow precedent even if they disagree with it.Judges too were not able to distinguish essentially similar cases although they were on grounds decision made would be inappropriate. Lord Denning too criticised the doctrine to stand by what has been decided by saying, if lawyers hold to their precedents too closely, forgetful of the fundamental principles of virtue and justice which they should serve, they may find the whole edifice comes tumbling stack about them. Just as the scientist seeks for truth, so the lawyer should seek for justice.Just as the scientist takes his instances and from them builds up his general propositions, so the lawyer should take his precedents and from them build up his general principles. Just as the propositions of the scientist fail to be modified when shown not to fit all instances, or even discarded when shown in error, so the principles of the lawyer should be modified when found to be unsuited to the time or discarded when found to work injustice. , which in other rowing meant accepting the decisions of old law leads to unfairness and injustice. Furthermore, when precedent appears absent the common law legal system will be bound to brass difficulties in making judgements. Difficulties wil l arise and flood various parties which involve judges and those with intention to claim justice will be at lost with the unavailability of a decided precedent to refer to. This has been state on certain occasion to lead to a high breaker point of unpredictability based on illogical distinctions.